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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
INDERJEET SINGH, RAVI CHIRANIA
Union Of India Through Secretary, Department Of ExServicemen Welfare, Ministry Of Defence, South Block, Govt. Of India, New Delhi – Appellant
Versus
No. JC-804009 N Ex Nb Sub - Surender Kumar, S/o Shri Bala Chand – Respondent
ORDER :
Ravi Chirania, J.
1. This writ petition has been filed by the petitioners feeling aggrieved by the order dated 15.03.2022 passed by learned Armed Forced Tribunal, Regional Bench, Jaipur (hereinafter referred to as ‘learned AFT’ for short), whereby the Original Application (hereinafter referred to as ‘OA’ for short) filed by the respondent-applicant (hereinafter referred to as ‘respondent’ for short) was allowed.
2. Learned counsel for the petitioners submitted that the respondent was enrolled in the Army (AEC) as Clerk (GD/HD) on 08.06.1984 and was promoted to the post of Naib Subedar with effect from 02.01.2008. He further submitted that while performing official duties the respondent suffered a head injury in a road accident on 09.07.2003 and was hospitalized at the Military Hospital, Ambala Cantt. A Court of Inquiry was conducted with regard to the injuries suffered by the respondent, in which it was held that the injury was attributable to military service. Learned counsel for the petitioners further submitted that respondent completed 26 years of service on 07.06.2010 and was granted further extension till 07.06.2012 and later on discharged from the service on 29.02.2012.
The ruling establishes that military personnel injured during service are entitled to a presumption of service-related disability, potentially increasing pension benefits to 50%.
The court held that the Medical Board's opinion on disability attribution is final unless contradicted by substantial evidence, emphasizing the need for a clear connection between the disability and ....
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